Our Commissioner they expected no satisfaction to their desire for they themselves did know as well as any Judge or Advocate in the Kingdome that no Commissioner either could award or ever had awarded any such processe as they required And therefore they moved Our Commissioner once againe that he would require Our Judges or Lords of Our Session to grant out such processe with which request when Our Commissioner made Our Judges acquainted they returned him that answer which the Covenanters knew verie well they could not chuse but make viz. That they could grant out no processe for the compeerance of any persons before them but those who were impleaded and whose causes were triable before them The truth is Our Commissioner found by inquirie and the Covenanters knew it perfectly well that the ordinarie way of processe or cytation to a Generall Assemblie was to passe it under the hand of the Clerk of the Assemblie whose office is during life if he be not legally removed usually too under the hand of him who was Moderator at the last Generall Assemblie both which were then living and are so still the name of the Clerk of the Assemblie being Master James Sandelands an Advocate and Commissarie of Aberdene and the Moderator of the last Assemblie being the now Archbishop of Saint Andrewes But they who had all this while gone on in disorderly illegall and unjustifiable wayes belike thought it an incongruitie to keep the beaten path and tract of justice in any thing and therefore they fell and resolved upon a way so unlike Justice so repugnant to Religion and common honestie as one would wonder how they hit upon it having neither Law nor practise for it which was this They caused to be drawn up a most false odious and scandalous Libell against the Archbishops and Bishops with a Petition annexed to the Presbyterie of Edinburgh wherein they desired the Libell to bee admitted by them the copie whereof as it was exhibited by them to the said Presbyterie and afterward publikely read in all the Pulpits thereof here followeth which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan and out of Our love to the Religion reformed We wish might never come to the notice of any Papist But it cannot be concealed The Bill or the complaint of the Noblemen Barons Burgesses Ministers and Commons Covenanters which were not Commissionaries to the Assembly against the pretended Archbishops and Bishops within this kingdome as it was presented to the Presbyterie of Edinburgh with an Act of reference of the Bill from the Presbyterie to the next Generall Assembly as it was fully read on the Lords day before noone in all the Churches within the Presbyterie of Edinburgh according to the Act. Noblemen Unto your wisedomes humbly shewes and complaines We John Earle of Sutherland John Earle of Athol William Earle of Dalhousie Mungo Vicount of Stormouth Hugh Lord Montgomerie David Lord Elcho George Lord Forrester Arthur Lord Forbesse John Master of Berridale Robert Lord Boyd David Lord Balcarras John Lord Melvill Barons and Gentlemen Craggemillar Lugtoun Buchanan Young Dury Balgonny Balbirny Master William Hammilton Thomas Cragge of Ricarton John Cowper of Gogar John Hammilton of Boghall David Inglis of Ingliston John Dundas of Newliston Sir William Cockburne of Langton Patrick Cockburne of Clerkinton John Leslie of Newton Colonel Alexander Leslie David Barclay of Onwerme Sir Michael Arnot of Arnot Sir Michael Balfoure of Deanemill John Aiton of Aiton David Beaton of Balfoure John Lundie of Lundie Walter Murray of Liviston Sir John Preston of Ardrie Walter Cornwall of Bonhard William Scot of Ardrosse Robert Forbosse of Ricesse Sir Andrew Murray of Balvarde George Dundasse of Dudistone Sir William Murray of Blebo Master Robert Preston William Dicksone Ministers Master William Scot Minister at Cowper Master George Hammiltoun at Nuburne Master Walter Grog at Balmerino Master Iohn Machgil Parson of Fliske Master Andrew Blackhat at Aberlady Burgesses and Commons George Bruce of Carnock George Potterfield a Burgesse of Glasgow John Smith John Mill Lawrence Henryson Richard Maxwell Burgesses of Edinburgh WE for our selves and in name and behalfe of the rest of the Noblemen Barons Gentlemen Burgesses Ministers and Commons within this Realme of Scotland subscribers of the Covenant who are not chosen Commissioners to the Generall Assemblie but who will assist and insist in this complaint with us as faithfull Christians as loyall subjects and sensible members of this Church and Common-weale having interest to pursue this popular action in a speciall manner and an eminent degree by which pursuit God may bee glorified Christs Kingdome advanced that the Church may bee restored to her priviledges and liberties and freed from manifold scandals from the corrupters of Doctrine with Poperie and Arminianisme of the Sacraments with Superstition and Wil-worship and of the Discipline with tyrannie and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies their violent humours and falshood for their owne worldly ends may be tried and censured accordingly and so this Church and State made free from the present divisions and combustions and restored to peace and unitie both with God and amongst themselves and that his Majesties religious disposition and honour may be cleared to all the world by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie Wee most earnestly make request That whereas by the Lawes of this Church and Kingdome and by his Majesties last Proclamation all his Majesties subjects whether Ecclesiasticall or Civill of whatsoever title or degree if they have exercised an unlimited or unwarrantable power They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament or to any other Judicatorie according to the nature and qualitie of the offence And whereas Master David Lyndsey pretended Bishop of Edinburgh Master Thomas Sydserfe pretended Bishop of Galloway Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dumblane Master James Fairley pretended Bishop of Argyle Master John Spotswood pretended Archbishop of Saint Andrewes having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh Master Patrick Lyndsey pretended Archbishop of Glasgow Master Alexander Lyndsey pretended Bishop of Dunkell Master Adam Bannatine pretended Bishop of Aberdene Master John Gutherie pretended Bishop of Murray Master John Maxwel pretended Bishop of Rosse Master George Greme pretended Bishop of Orkney Master Iohn Abernethie pretended Bishop of Caithnesse Master Neil Campbel pretended Bishop of the Isles should be tried and censured for their unlimited and unwarranted power For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Mountrose Anno 1600. for bounding of the Ministers votes in Parliament and concluded to bee inserted in the bodie of the act of Parliament for
Aberdene The Archbishop of Glasgow in Glasgow the Bishop of Murray in Elgin to give obedience to the said act which if they refused to do that the Synodall Assemblies shall appoint certaine brethren of their Presbyteries to give them publike admonitions out of their Pulpits and to warne them if they disobey to compeere before the next Generall Assemblie to be holden at Edinburgh 20. Octob. to heare the sentence of excommunication pronounced against them for their disobedience and to this act the Bishop of Dumblane that then was agreed submitting himself to be ruled by it it was also condemned by the act of Glasgow Anno 1581. which doth ratifie the former act of Dundee and ordaines the book of policie which was approved by severall Generall Assemblies to be registrated in the books of the Assemblie and enjoyned the generall confession of faith to be subscribed by all his Majesties Lieges Yet hath the said Master David Lyndsey with his foresaid Colleagues respectivè not onely incroached upon the liberties of Presbyteries and Synods but hath also took Consecration to the office of a Diocesan Bishop without the knowledge or consent of the Church and against the acts of it claiming the power of ordination and jurisdiction as due to him by that unwarrantable office Besides the said Master David Lyndsey with his foresaid colleagues respectivè have against the Lawes of the Church and Kingdome brought in the Service book the book of Canons and the High Commission Court and would have changed and overthrowne the whole frame of doctrine of Gods word the use of the Sacraments the Discipline Liberties and Priviledges of this Church and State if the Lord had not prevented them The particulars wee shall present to your wisdomes though it bee knowne to all men how hee and they have abused his Majesties authoritie against his Royall intentions and Declarations they having moved discontents betwixt the King and his subjects by scandalous lies betwixt subject and subject for which things complaints have been given in to the Councell which we hold heare to be repeated as a part of our complaint and to be tried by your wisdomes and referred to the Assemblie Besides all these faults the said Master David Lyndsey with his Colleagues respectivè in his life and conversation is slandered constantly as guiltie of excessive drinking whoring playing at Cards and Dice swearing profane speaking excessive gaming profaning of the Sabbath contempt of the publike ordinances and private familie-exercises mocking of the power of preaching prayer and spirituall conference and sincere professors besides with briberie simonie selling of Commissariots places lies perjuries dishonest dealing in civill bargaines abusing of thir vassals and of Adulterie and incest with many other offences of which we shall give the particulars in our particular accusations Whereas the Presbyterie is the ordinarie judicatorie of this Church for trying of these offences and hath the Ecclesiasticall power for cytation of the parties and offenders with the reference to their complaints to the Generall Assemblie Therefore wee most earnestly and humblie beseech your godly wisdomes as you tender the glorie of God the peace and libertie of this Church the removall of scandals and punishment of vice that you will take into your consideration and triall the foresaid many and hainous offences with the particular reservations and qualifications of them which we shall present to your wisdomes or to the Assemblie when it shall bee thought convenient and that you would either take order with it your selves and censure the offenders according to the nature of the offences with the Ecclesiasticall paines contained in the Acts and foresaid Canons of this Church and Kingdome or else make a reference of them to the Generall Assemblie to bee holden at Glasgow 21. Novemb. and that the knowledge of these should come to the Delinquents that you will be pleased to ordaine the publishing hereof to bee made by all the Brethren of the Presbyterie in their Pulpits upon the Sabbath before noone with a publike admonition to the offenders to be present at the Assemblie to answer to this complaint and to undergo the censure and triall of it and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the Ministerie with the books of the High Commission Court and the books of the Generall Assemblie which they or their Clerk had or have fraudulently conveied away Together with this certification That if the said Master David Lyndsey with his foresaid colleagues respectivè do not appeare in the said Assemblie and bring with them the said books to answer to this complaint in generall and to the particular heads of it and to submit himselfe to the triall and proofe of this complaint generall and to the particular heads of it that there shall be a condigne censure of these offenders for their contempt and contumacie Here wee humblie beseech your wisdomes answer The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares in answer to this Complaint UPon the said day we the Brethren of the Presbyterie of Edinburgh after we had received this Bill and complaint presented unto us by the Laird of Buchanan The Laird of Dury the younger The Laird of Carlourie John Smith late Bailife of Edinburgh John Hammiltoun and Richard Maxwel in name of the Noblemen Barons Burgesses and Commons subscribers of the Covenant which are not Commissioners to the Generall Assemblie against the pretended Archbishops and Bishops of this Kingdome and after wee had read and seriously considered the same wee according to the desire of the complainers did and do referre the same to the next Generall Assemblie to bee holden at Glasgow 21. November And we ordaine the publishing of this complaint and of our reference of it to the Assemblie to be fully read by all the Pastors of the Presbyterie upon the next Sabbath before noone out of their Pulpits with a publike warning and cytation to the offendants complained upon By name Master John Spotswood pretended Archbishop of Saint Andrewes Master Patrick Lyndsey pretended Archbishop of Glasgow Master Thomas Sydserfe pretended Bishop of Galloway Master David Lyndsey pretended Bishop of Edinburgh Master Alexander Lyndsey pretended Bishop of Dunkeld Master Adam Bannatine pretended Bishop of Aberdene Master John Gutherie pretended Bishop of Murray Master John Maxwel pretended Bishop of Rosse Master George Greme pretended Bishop of Orknay Master John Abernethie pretended Bishop of Caithnes Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dunblane Master James Fayrley pretended Bishop of Argyle Master Nail Campbel pretended Bishop of the Isles to be present at the said Assemblie to answer to this complaint in generall and to the particular heads of it to undergo the triall and censure of it and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the Ministerie the books of the High Commission and the book of the Generall
servants to rescue him who got the Bishop almost breathlesse into his lodging The same morning the Service Book was read in the next Church to Saint Gyles Church not without noise and tumult yet the furie was not so great as in the other Church In the Gray Friers Church the Elect Bishop of Argyle being Colleague to Master Ramsey who refused to read it begun to read the Book but he was so cursed and exclaimed against and threatned to be pulled downe that after the reading of the Confession and Absolution he was forced to give over In the Colledge Church Rollock one of the Preachers there who the Sunday before at the intimation of the reading of it had so much commended the Book and had undertaken this day to read it though hee had the Book ready to be carried to the Church with him yet very wisely resolved to halt a little untill he might know how it was entertained at Saint Gyles Church that so his conscience might comply with the carriage of the multitude whose rudenesse being reported to him he notwithstanding his commendations of the Book and his faithfull promise to read it thought it the safer course to leave himselfe to the censure of all men for his levitie and breach of promise then offend the multitude whose favour is the onely aire in which he taketh delight to breath and live And thus that morning passed Betweene the two Sermons such of Our Councell as were in the Towne assembled at the Lord Chancellour his lodging where the Lord Provost and Bailiffs of Edinburgh being called undertooke to doe their uttermost endevours for the quiet and peaceable reading of the Service Booke in the afternoon which accordingly they did and so the Service Booke in Saint Gyles and some other Churches that afternoone was read without any such tumult or insurrection as it encountred with in the morning yet the furious multitude who stayed in the streets and little regarded the service of God in the Churches intermitted nothing of their madnesse For the Lord Privie Seale Earle of Roxborough returning home to his lodging and having with him in his Coach the Bishop of Edinburgh was neare suffering the death of the first Martyr St. Stephen his Coach and Coachman for having the Bishop in it being so pelted with stones and hooted at with execrations and pressed upon by the eager and mad multitude that if the Lord Privie Seale his Footmen had not with their swords kept them off they in the Coach had been brought in danger of their lives having after long and continuall bickerings much adoe to recover their lodgings And now We desire all men to consider what blessing and successe from heaven may be expected upon this grand and important reformation of Religion as they call it the begetter and beginner whereof was the horrible profanation of the Lords owne day and that in the Lords owne Houses and Temples and all this attended with the contempt and treading under foot the sacred Authoritie and Lawes of Us the Lords Anointed as also with the violation of the persons of the Lords Priests and Prophets his Bishops and Ministers and all these practised by a base multitude disavowed and disclaimed at that time by all Magistrates and persons put in authoritie and all others of any ranke or qualitie who branded that multitude with the names of the scum and froth of the people and offered themselves to the uttermost of their diligence and assistance for the finding of them out and bringing them to highest and condigne punishment as shall presently appeare by the demeanour of the Magistrates when they were called before Our Councell for that purpose For the next day being the 24. of July 1637. Our Councell assembled and sent forth a Proclamation in detestation of the uproare and tumult the day before and discharged all concourses of people and tumultuous meetings in Edinburgh under paine of death at which time the Magistrates of Edinburgh being then present at Our Councell Table professed their utter abhorring and detesting of the last tumult and apprehended some suspected to be most forward in it and thereupon were commanded and ordered by an Act of Our Councell of the 26. of July to assemble the Councell of the Citie the next morning by eight of the clocke and then and there to resolve what course they thought fittest to be held for the finding out of the movers of and chiefe actors in the late seditious uproare and immediately after to report their diligence and resolutions herein Which report they accordingly made to Our Councell not onely with a detestation of that tumult and promises of their best diligence for finding out the authors and abettors of it but also with large proffers of their best assistance for the quiet and peaceable establishing and reading of the Service Booke in all their Churches But the Ministers of that Citie being loath to undertake the reading of it without some securitie given for the safetie of their persons the Lords of Our Councell by their Act of the 28. of July 1637. ordered the Provost Bailiffes and Councell of Edinburgh to advise amongst themselves concerning some obligatorie Act to be made by them for a reall performance of what they had undertaken and should further undertake for the peaceable exercise of the Service Book which they accorded unto and promised that since the former Readers in their severall Churches had refused to read the Booke if in the meane time the Ministers themselves would read it they would take order for their safetie and when new Readers should be provided they would take order both for their securitie and settled maintenance and allowance In pursuance whereof an obligatorie Act was drawne up by Our Advocate and read before Our Councell to the Magistrates of Edinburgh the sixt of August 1637. to which they humbly consented and on the tenth of the same moneth the said Act of indemnitie being exhibited before Our Councell was allowed by them and accordingly passed and entred in Our Councell booke as an Act of Councell And so now this late tumult in all appearance being settled and not onely fathered upon the scumme and dregges of the people but cryed downe by all men either of place or qualitie and by none more then by the Magistrates and Ministers of Edinburgh Our Councell not fearing any new outrage proceeded to these two things First to the exemplarie punishing of such of the heads of the late tumult as they should discover And next to the settling of the practice of the Service Booke and appointing a new day for renewing the exercise of it to which the Bishops Magistrates and Ministers of Edinburgh agreed And this their forwardnesse the Magistrates of that Citie were not onely contented to expresse before Our Councell both by their verball promises and protestations as also their obligatorie Act remaining upon record and registred in Our bookes of Councell but likewise by two particular Letters sent by them
confirmation of this vote as a most necessarie and substantiall point of the same which was never yet repealed by a lawfull Assemblie That the Minister should sweare upon his admission to the office of Commissionarie to subscribe and fulfill the Cautions agreed upon under the penalties expressed therein otherwise hee was not to bee admitted yet the said Master David Lyndsey sometimes Minister of Brichen now pretended Bishop of this Diocesse of Edinburgh and pretended Moderator of this Presbyterie with his foresaid Colleagues the pretended Bishops and Archbishops of this Church respectivè have taken upon them without craving or obtaining Commission from the Church as it is set downe in that Assemblie at Mountrose the office and power to vote in Parliament without swearing at his or their entrances to subscribe and fulfill those Cautions which are set down under penalties In the first Caution it was provided that he presume not to propound in Parliament in councell or convention any thing in the name of the Church without an expresse warrant or direction from the Church under the paine of deposition from his office and that hee should neither give consent unto nor keep silence from any thing amidst these meetings that might bee prejudiciall to the libertie of the Church under the said paine But the forenamed Master David Lyndsey pretended Bishop of Edinburgh with the rest of his Colleagues respectivè above named have presumed having no warrant nor direction from the Church to propound in Parliament and to consent to severall acts which have past in Parliament to the prejudice of the Church as namely To the act concerning the Restitution of the State of Bishops Anno 1606. the act concerning the chapiter of Saint Andrewes Anno 1607. To the act of Commissariots and jurisdictions given to Archbishops and Bishops Anno 1609. To the ratification of the act agreed upon in the Assemblie of Glasgow Anno 1610. with an explanation contrarie to the meaning and tenour of the said conclusions Anno 1612. To the acts concerning the Elections of Archbishops and Bishops and to the acts concerning the Restitution of chapiters Anno 1617. To the ratification of the five Articles of Perth Anno 1621. To the act concerning the apparell of Churchmen and to the ratification of the acts concerning Religion in which all the former Acts are included Ann. 1633. and to many other severall Acts of this kinde In like manner he propounded and gave consent to severall Acts of the Privie Councell for the establishing of it and of the power of the High Commission which are against the lawes and liberties of this kingdome and for ratification of severall acts and sentences given out by them and their Colleagues in that unwarrantable Judicatorie for in the same manner did he propound and consent unto the Acts made in the Privie Councell for pressing and bringing in of the Service Booke which would have trod under the frame of Gods publicke worship in this Kingdome if the Lord had not prevented it And further in the last convention of the States holden in the yeares 1625. and 1629. he did not onely keepe silence but propound and give consent to some things which were prejudiciall to the liberties of this Church and he did oppose himselfe to the just desires and grievances which were presented in name of the Church for some of her liberties and priviledges whereas it was provided that he shall be bound upon each generall Assemblie to give an account of the discharge of his Commission since the Assembly going before and shall submit himselfe to the censure of the Assembly and stand to the determinations of it without further Appeale and shall sue for and obtaine ratification of his carriage from the Assembly under the paine of infamie and excommunication but the said Master David Lindsey and his Colleagues respectivè abovenamed have never given an account of the discharge of his or their Commissions nor sought nor have obtained ratification of his or their doings from the Assembly Whereas it was provided in the third caution that he should content himselfe with that portion of the Benefice which should be assigned to him from his Majestie for his livelihood not hurting or prejudging the rest of the Ministers or any Minister whatsoever planted or to be planted within his Benefice and that this clause was to bee inserted in his provision besides when Bishops were charged in the Assembly holden in Octob. Ann. 1578. to quit the corruptions of that State there was numbred amongst the corruptions That they received for the maintaining of their ambition and riot the emoluments of the Church which might sustaine many Pastors the Schooles and the Poor but the said Master David Lindsey with his Colleagues respectivè have tooke provision for their Benefices and the foresaid clause was not inserted and he and they have prejudged Ministers Schooles and the Poor by taking and enjoying pluralitie of Benefices Whereas it was provided in the fourth caution that he should not dilapidate nor make a disposition of his Benefice without the consent of his Majestie and the generall Assembly and for the greater warrant of this That he should interdict himselfe to the generall Assembly not to dilapidate nor to give consent to the dilapidation of his Benefice made by others and that he should be contented that an Inhibition should be raised upon him to that purpose but the said Master David Lindsey with his Colleagues respectivè have set and take setled patronages Whereas in the fifth caution it is provided that he should be bound to attend his particular Congregation faithfully in all the points of a Pastour and that he shall be subject to the triall and censure of his owne Presbyterie and provinciall Assembly as another Minister that bears no Commission In like manner by divers Acts and constitutions of the generall Assemblies and Presbyteries non residents are punishable by deprivation Yet the said Master David Lindsey with his foresaid Colleagues respectivè have been non-resident from his and their charges for many yeares nor have they performed the duties of Pastours by preaching administration of the Sacraments visiting the sick c. but they have deserted their charges by the space now of many yeares neither have they in this subjected themselves to the triall of the Presbyteries and provinciall Assemblies That whereas in the sixth caution it was provided That in the administration of Discipline collation of benefices visitation and all other points of Ecclesiasticall government he shall neither usurp nor acclaim to himselfe a power or jurisdiction further over the rest of his brethren under the paine of deprivation and in case he did usurpe upon the Ecclesiasticall government if the Synodall Presbyteries or generall Assemblies did oppose or make impediment unto him whatsoever he did in that case should be ipso facto null without a declaratour yet the said Master David Lindsey with his Colleagues respectivè have usurped a jurisdiction in the administration of Discipline collation
his foresaid Colleagues respectivè have taught erroneous and corrupt doctrine themselves and by their pretended power have preferred to the Ministerie men who have taught erroneous doctrine against the Confession of Faith and Acts of Parliament quoted in our Covenant and they cherish and maintaine them who teach Arminianisme and Popery as conditionall Election Free will resistibilitie of effectuall Grace The universality of Christs death The merit of it in Heaven and in hell a finall apostacie of the Saints The locall descent of Christ into hell That Christ came into the world clauso Virginis utero auricular Confession and Papall absolution That the Pope is not Antichrist That the Church of Rome is a true Church That reconciliation with Rome is a thing easie That the Church of Rome erres not in fundamentals and that she differs not in fundamentals from the reformed Churches They call in question the imputation of Christs righteousnesse and they affirme the formall cause of justifying faith to consist in our inherent righteousnesse They affirme that there is a locall and circumscriptive presence of Christ in the Sacrament and they change the Sacrament into a Sacrifice and the Table into an Altar the Ministers into Priests There are other damnable and hereticall points of Doctrine which they maintaine of which we shall give particular information in our particular accusation of each one of them respectivè with the proofes thereof when we shall be required Whereas by the Acts of the Church no oaths or subscriptions should be required from those who enter into the Ministerie but to the Confession of faith and to the book of Policy yet the said Master David Lindsey with his foresaid Colleagues respectivè without a warrant from the Church or Parliament doe exact diverse oathes and subscriptions from them who enter into the Ministerie namely That they should both in publick and private prayers commend the Prelats to Gods mercifull protection That they should be subject to the orders which were now in the Church or by the consent of the Church that is by their consent as they affirme should be established as to the Service Book and to the Book of Canons The heavinesse of this grievance made the most part of his Majesties subjects to complaine in these Articles that worthy men which have testimonies of their learning from Universities and are tryed by Presbyteries to be fit for the worke of the Ministerie and for their gifts and lives were much desired by the people yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths which have no warrant from the Acts of the Church nor the laws of the Kingdome and they were Articles and oaths conceived according to their pleasure and men of little worth and ready to sweare were for by-respects thrust upon the people and admitted to the most eminent places of the Church and of the Schools in Divinity which breeds continuall complaints and moves the people to run from their owne parish Churches refusing to receive the Sacrament from the hands of Ministers set over them against their hearts which makes them not to render unto them that honour which is due from the people to their Pastours and it is a mighty hinderance to the Gospel to the soules of the people and to the peace of this Church and Kingdome Whereas in the Assembly holden at Edinburgh in March ann 1578. it was declared that it was neither agreeable to the word of God nor to the practice of the Primitive Church that the Administration of the Word and Sacraments and the ministration of civill and criminall justice should be confounded that one person could supply both the charges but that a Minister should not be both a Minister and a Senator in the Colledge of justice And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops which they were charged to forgoe that they should usurp a criminall jurisdiction that they should not claime unto themselves the titles of Lords that they should onely be called by their owne names or brethren yet the said Master David Lindsey with his foresaid Colleagues respectivè have assumed to themselves the titles and honours of Lords they did sit as Senators in the Colledge of justice as Councellors in the Privie Councell as Auditors in the Exchequer and have enjoyed prime Offices of State The pretended Bishops have usurped the place and precedencie before all Temporall Lords the pretended Archbishops before all the Noble Earles of the land and the pretended Primate before the prime Officers of State in the land Whereas by the Word of God and Acts of the Assembly namely Anno 1576. 1577. and 1578. no man should be suffered to be a Minister unlesse hee be tied to a particular flocke and congregation and not to be tied to a particular flocke it is condemned as a corruption of the state of Bishops which they were charged to forgoe yet the said Master David Lindsey with his Colleagues respectivè foresaid are Ministers and will not be tied to particular flockes Whereas the office of a Bishop as it is now used within this Realm was condemned by the booke of policie and by the Act of the Assembly holden at Dundee Anno 1580. whereof these are the words Forasmuch as the office of a Bishop as it is now used and commonly taken within this Realme hath no sure warrant from authoritie nor good ground out of the Scriptures but it is brought in by the folly and corruptions of the inventions of men to the great hurt of the Church The whole Assembly of this Church with one voice after liberty given to all men to reason in the said matter no man opposing himself to maintain the said pretended office doe find and declare the said pretended office used and termed as is abovesaid unlawfull in it selfe as having neither ground nor warrant within the Word of God and we doe ordaine that all such persons which doe or shall hereafter enjoy the said office shall be charged simply to dismisse quit and leave the same as an office unto which they were not called by God and that they shall leave off all preaching ministration of the Sacraments or other offices of Pastors untill such time as they receive admission de novo from the generall Assembly under the paine of excommunication to be used against them and if they be found disobedient to contradict this Act in the least point after due admonition the sentence of excommunication shall be executed against them And for the better execution of the said Act it is ordained that a Synodall Assemblie shall be holden in everie Province in which usurping Bishops are 18. August next to come in which they shall be cyted and summoned by the Visitors of the said Countries to compeere before their Synodall Assemblies as namely The Archbishop of S. Andrewes to compeere at Saint Andrewes The Bishop of Aberdene in
Assembly the Moderator being the same materially who governed them at Edinburgh though not so formally chosen as now the Clerke of the Assembly being the same who was Clerke to their Covenant and to their Tables at Edinburgh the members of the Assembly being the same who sate at their Tables there and those the most corrupted and distempered of them all who could now expect lesse insolent conclusions from this Assembly then they had found from their Tables And indeed the very same were found For immediately they bragged that now they were a constituted Assembly and resolved to laugh at any who should quarrell with the elections which they had approved and especially at the Bishops Declinator if it should containe any arguments to that purpose The first Cocke who begun to crow upon this dunghill though it were within night no ordinarie time of crowing was Master Andrew Ramsey a Minister of Edinburgh who getting up upon a stoole or fourme made a very great bragge offering by dispute to prove against any man the lawfulnesse of lay Elders by Scripture Antiquitie Fathers Councels the judgement of all the Reformed Churches even of the Church of England who admitted them into the High Commission Our Commissioner seeing him crowd so much in a very little room told him that he runne no great hazzard or danger in his challenge for he was sure the Judges would bee his seconds yet if it pleased him hee would find one should enter into the Lists with him either publiquely or privately upon that quarrell but many of his brethren were not very well pleased with his glorious challenge as making accompt that hee would never bee able to make good the greatest part of it And with this bragge the Assembly dissolved for that night The next day being the 27. of November after the Assembly was met Our Commissioner urged once againe that the Bishops Declinator might bee read which was accordingly done by the Clerke of the Assembly It was entertained with much jeering and laughter and by transmission of a whisper from one eare to another they resolved when it was read out to have received it with a generall hissing but yet by another generall whisper transmitted as the former that course was stopped After it was ended Our Commissioner spake home to them for the necessitie of that Declinator and the unavoidable strength of the reasons contained in the same and in depressing by way of parallel their Libell against the Bishops which hee spared not to call infamous and scurrillous both in the matter of it and the manner of promulging it and hereupon tooke instruments in Our Clerke of Registers hands both for the production and reading of the Declinator Some of the Lords of the Assembly offered to doe the like in the Clerk of the Assemblies hands but Our Commissioner told him it was needlesse since it was not tendered to the Assembly but to himselfe First the Moderatour in a short speech deplored the obstinacie of the Bishops hearts who in all that Declinator had bewrayed no signe of remorse and sorrow for their wicked courses and then the Lords of the Assembly perceiving their errour that they who found themselves to bee Judges had offered to take instruments in the Clerkes hands of the production of any exhibits which was never heard to bee done by the Judge but onely by the actor or plaintiffe prompted some young Noblemen and Gentlemen Covenanters but not members of the Assembly then present to demand instruments of the production of the Bishops Declinator in whose name one Gibson one of the Clerkes of Our Session and so acquainted with Law termes both demanded instruments and thundered out a verball Protestation in such Law termes as was not easie to be understood by most of the auditors The summe of what was understood was this That they would pursue their Libell against the Bishops so long as they had lives and fortunes etiam in foro contentiosissimo and required Doctor Hammilton their Proctor then present to take notice that they cyted him to compeere die in diem till sentence were given Our Commissioner first protested against that Protestation and then discharged the Bishops Proctor from appearance before the Assembly to which he had presented no Declinator but required him to appeare before himselfe to whom it was presented when he should require him The Declinator of the Bishops here insueth The Declinator and Protestation of the Archbishops and Bishops of the Church of SCOTLAND and others their adherents within that Kingdome against the pretended Generall Assemblie holden at Glasgow Novemb. 21. 1638. WEE Archbishops Bishops and other Under-subscribers for our selves and in name and behalfe of the Church of Scotland Whereas it hath pleased the Kings Majestie to indict a generall Assemblie of the Church to be kept at Glasgow Novemb. 21. 1638. for composing and setling of the distractions of the same First do acknowledge and professe That a Generall Assemblie lawfully called and orderly conveened is a most necessarie and effectuall meane for removing those evils wherewith the said Church is infested and for setling that order which becommeth the house of God And that wee wish nothing more then a meeting of a peaceable and orderly Assemblie to that effect Secondly we acknowledge and professe as becommeth good Christians and faithfull subjects that his Majestie hath authoritie by his prerogative Royall to call Assemblies as is acknowledged by the Assemblie at Glasgow 1610. and Parliament 1612. and that it is not lawfull to conveene without his Royall consent and approbation except wee will put our selves in danger to bee called in question for sedition Yet neverthelesse in sundrie respects wee cannot but esteeme this meeting at Glasgow most unlawfull and disorderly and their proceedings void and null in Law for the causes and reasons following First before his Majesties Royall warrant to my Lord Commissioner his Grace to indict a lawfull free generall Assemblie the usurped authoritie of the Table as they call it by their missives and instructions did give order and direction for all Presbyteries to elect and chuse their Commissioners for the Assemblie and for seeking of Gods blessing to it to keep a solemne Fast Sept. 16. whereas his Majesties warrant for indicting of that Assemblie was not published till the 22. of that month so that they preventing and not proceeding by warrant of Royall authoritie the pretended Commissioners being chosen before the Presbyteries were authorized to make election cannot bee reputed members of a lawfull Assemblie A lawfull Assemblie must not onely be indicted by lawfull authoritie as we acknowledge this to be but also constituted of such members as are requisite to make up such a body For if according to the indiction none at all do conveene or where the Clergie is called there meet none but Laicks or moe Laicks then of the Clergie with equall power to judge and determine or such of the Laicks and Clergie as are not lawfully authorized or are not capable
proceeding which how it doth stand with his Majesties Supremacie in all causes and over all persons wee leave it to that judgement whereunto it belongeth and doe call God and man to witnesse if these be fit members of an Assembly intended for the order and peace of the Church Giving and not granting that the persons foresaid directed Commissioners in name of the Clergy to this meeting were capable of that authority and that the said Presbyteries had the authority to direct Commissioners to the generall Assembly yet have they now lost and fallen from all such right if any they had in so farre as they have deposed the Moderatours who were lawfully appointed to governe them by the Bishops in their Synods and elected others in their place contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderatours at these meetings and in their absence the Minister whom the Bishop should appoint at the Synode So these meetings having disclaimed the authority of Bishops deposed their lawfull Moderatours and chusing others without authority cannot be esteemed lawfull convocations that can have lawfull power of sending out Commissioners with authority to judge of the affaires of this Church And yet doth the nullity of the Commissions flowing from such meetings further appeare in this that they have associate to themselves a laick ruling Elder as they call him out of every Session and Parish who being ordinarily the Lord of the Parish or a man of the greatest authority in the bounds doth over-rule in the election of the said Commissioners both by his authority and their number being moe then the Ministers whereof some being ordinarily absent and five or six or so many of them put in list and removed there remain but a few Ministers to voice to the election and in effect the Commissioners for the Clergie are chosen by lay-men contrary to all order decencie and custome observed in the Christian world no wise according to the custome of this Church which they pretend to follow the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the generall Assembly but onely for their assistance in discipline and correction of manners calling for them at such occasions as they stood in need of their godly concurrence declaring otherwise their meeting not necessarie and providing expresly that they should not be equall but fewer in number then the Pastours as by Act of Assembly at Saint Andrews April 24. 1582. where Master Andrew Melvill was Moderatour doth appeare Like as these fourty yeares by gone and upwards long before the re-establishing of Bishops these lay-elders have not been called at all to Presbyteries And by the Act at Dundie 1597. whereby it is pretended that Presbyteries have authoritie to send these lay Commissioners it doth no way appeare that those lay-elders had any hand in chusing of the Ministers and this is the onely Act of the Assembly authorizing Presbyteries to chuse Commissioners to the general Assembly nor have lay elders sate ordinarily in Presbyteries upon any occasion these fourty yeares and upwards nor ever had any place nor voyce in the election of Ministers for the generall Assembly and consequently those chosen by them to this Assembly have no lawfull power nor authority Beside the persons Ecclesiasticall pretended to be authorized Commissioners to this Assemblie have so behaved themselves that justly they may be thought unworthy and uncapable of Commission to a free and lawfull Assemblie 1. For that by their seditious and railing Sermons and Pamphlets they have wounded the Kings honour and Soveraigne authoritie and animated his liedges to rebellion averring that all authoritie Soveraigne is Originally in the collective bodie derived from thence to the Prince and that not onely in case of negligence it is Suppletivè in the collective bodie as being communicate from the Commontie to the King Cumulativè not Privativè but also in case of mal-administration to returne to the collective bodie so that Rex excidit jure suo and that they may refuse obedience 2. Next they are knowne to bee such as have either beene schismatically refractorie and opposite to good order setled in the Church and State or such as having promised subscribed and sworne obedience to their Ordinarie have never made conscience of their oath or such as have sworne and accordingly practised yet contrarie to their promise and practice have resiled to the contempt of authoritie and disturbance of the Church or such as are under the Censures of the Church of Ireland for their disobedience to order or under the Censures of this Church or conveened at least deserving to bee conveened before the Ordinaries or a lawfull generall Assemblie for divers transgressions deserving deprivation As first for uttering in their Sermons rash and irreverent speeches in Pulpit against his Majesties Councell and their proceedings punishable by deprivation by the Act of Assemblie at Edinburgh May 22. 1590. Next for reproving his Majesties Lawes Statutes and Ordinances contrarie to the Act of Assembly at Perth Maii 1. 1596. Thirdly for expressing of mens names in Pulpit or describing them vively to their reproach where there was no notorious fault against another Act of the same Assemblie Fourthly for using applications in their Sermons not tending to the edification of their present Auditorie contrarie to another Act of the same Assemblie Fifthly for keeping conventions not allowed by his Majestie without his knowledge and consent contrarie to another Act of the same Assemblie Sixthly for receiving of people of other Ministers flocks to the Communion contrary to order Acts of Assemblies and Councels Seventhly for intruding themselves into other mens Pulpits without calling or authoritie Eighthly for usurping the authoritie to convent their Brethren and proceed against them to the Censures of suspension and deprivation Ninthly for pressing the people to subscribe a Covenant not allowed by authoritie and opposing and withstanding the subscribing of a Covenant offered by his Majestie and allowed by the Councell Beside many personall faults and enormities whereof many of them are guiltie which in charitie we forbeare to expresse But hereby it doth appeare how unfit these persons are to be members of a free and lawfull Assemblie Nor doth it stand with Reason Scripture or practice of the Christian Church that Lay-men should be authorized to have decisive voice in a generall Assemblie In that Act of Dundie 1597. whereby these Elders pretend to have this place there is no warrant expressed for them to deliberate and determine Their presence and assistance wee approve being allowed and authorized by the Prince The Kings Majesties presence in person or by his delegates wee hold most necessarie to see all things orderly and peaceably done and that hee have the chiefe hand in all Deliberations and Determinations Nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion with the reasons of it in that way that becommeth him
pre-declaration and of the members of this Assemblies pre-declaration Many of the members of that Synod had pre-declared themselves by discoursing writing preaching c. but not by any judiciall Act nor by any Act equivalent to a judiciall Act such as swearing against the other tenet binding themselves by Oathes Covenants Combinations Confederacies Associations against the abetters of it all which being Acts analogicall to judiciall Acts and being done by the members of this Assembly against the Bishops absolutely barred them from being Judges in the question of these Bishops persons or calling Some answer was made to this by the Moderatour and others which required no reply and therefore received none that which was answered being no way against that which had been delivered For the Moderatour conceiving that hee who spake had affirmed that the five Articles treated of at the Synod of Dort had been fundamentall points of faith of which opinion the speaker never was nor is fell upon a discourse of fundamentall and not fundamentall points of faith affirming that the Synod of Dort had never determined the five Articles to bee fundamentall points of faith which the former speaker knew very well to bee true And it made many auditors thinke that the Moderatour did deliver this onely because he would have something to say for they did conceive that he had been a man so rigid in these tenets that hee had held them to bee fundamentall points of faith But whether hee did or not there were many Ministers members of the Assembly who did hold them to bee fundamentall points most unchristianly and uncharitably had preached that the Remonstrants tenets did destroy the very foundation of faith and whosoever sided with them in the five Articles could not possibly bee saved But now the other exception laid by him that spake and in which hee conceived the strength of his speech principally to lie viz. That by their swearing and combining by a Covenant against the Bishops which was a plain pre-judging of them they had barred themselves from being their Judges the Moderatour was pleased to make no answer at all though of all that was spoken it most principally required one Another Minister one of the gravest and learnedest in the Assembly did conceive that he which spake had affirmed that Councels and Synods were onely Judges of points of faith and doctrine but not of government or other matters and instanced in Novatus and Donatus who by Councels and Synods had beene censured in points of schisme which no man ever denyed nor ever came within the compasse of the thoughts or words of him that spake Here a Lay-Elder who was a Lord conceived that he who spake had said something insinuating that Lay-Elders had given voyces in some Councels Thereupon the person that spake unwilling to let that passe asked leave to tell his Lordship that he was mistaken that if Our Commissioner and the Assemblie would give him leave he would maintaine it against any man in the Assembly that neither the name nor thing of a Lay-Elder was ever knowne to any generall or Provinciall Councell nay not to any particular Church in the whole Christian world before Calvins dayes To this no replie was made save onely by the Moderatour who first said that it would be thought a strange thing in England if any of this Assemblie should stand up in the Convocation house and speake against their Church government to which was answered by him that spake That he neither did speake nor would have spoken there without leave asked and obtained nor would he have asked leave if it had not been to have cleared a passage of the Synod of Dort urged by the Moderatour and in which he himselfe was interessed And it seemes here the Moderatour was brought very low by telling the partie that his father while he lived was of another opinion to which the other answered That that was a weake reason for there were some members of the Assembly then sitting whose Fathers had beene Papists And he who spake did verie much wonder that the Moderatour should thinke it strange for him to differ from his Father in his judgement of these points of Ecclesiasticall government for he did not apprehend it so great a matter for any man to differ from his Father in judgment as to differ from himselfe and hee was sure that the Moderatour knew well enough that many members of the Assembly who were now fiercest against Episcopall government within these few yeeres had been as earnest maintainers of it as any more ambitious and earnest suitors for Bishopricks then any other The Moderatour at last cut off all further contestation about these Lay-Elders by affirming that the state of the question as it stood before them was not whether Lay-Elders had ever beene received in other Churches but whether their office and place in the Assembly was agreeable with the constitutions of the Church of Scotland and so no more was spoke of it The Moderatour from that speech which was made for justifying the Bishops exception against the competencie of their Judges viz. the Assembly because the members of it had declared themselves parties tooke occasion to speak thus to the Assembly Since we see both the competencie and constitution of this Judicatorie and Assembly is thus openly impugned it is high time to cleare this point of which none can bee Judge but the Assembly it selfe and therefore I will presently put it to voyces Whether this Assemblie be the lawfull and competent Judge of the Libell against the Bishops notwithstanding the reasons contained in their Declinator This gave our Commissioner the occasion which hee neglected not to do and declare that which by Our speciall commandement he had resolved on for he presently made a speech of a competent length the summe whereof was this I should perhaps have continued a little longer with you if you had not falne upon a point which doth inforce my deserting you You are now about to settle the lawfulnesse of this Judicatorie and the competencie of it against the Bishops whom you have cyted hither neither of which I can allow if I shall discharge either my duty towards God or loyaltie towards my gracious and just Master This is a day to me both of gladness and sadnesse Gladnesse in that I have both seene this Assemblie meet which his Majesties subjects have been made beleeve was never intented by Him and in that I shall now in his Majesties name make good unto you all his most gracious offers in his last Royall Proclamation which likewise his Majesties subjects were made beleeve would never be performed by Him Of Sadnesse in that you who have called so much for a free Generall Assembly having one most free in his Majesties intentions granted you have so handled and marred the Master that there is not the least shadow of freedome to be discerned in this your meeting for the former which is the discharge and performance
this assemblie under the paine of treason and after seven dayes sitting declare all Acts made or hereafter to be made in this Assemblie to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answer made thereto or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoiding tediousnesse we here repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the â—ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publickly read and considered by the assemblie immediately after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practice of this Church in violably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voices of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to be any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Majestie nor any in his name was present at the humble and earnest desire of the assembly His Majestie graciously vouchsafed His presence either in His owne Royall Person or by a Commissioner not for voting or multiplying of voices but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Majesties Personall presence His Majestie according to the practice of King James of blessed memorie would have onely given his owne Iudgement in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices Therefore in conscience of our duty to God and his truth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safety to our Posterity Persons and Estates We professe with sorrowfull and heavie but loyall hearts That We cannot dissolve this Assemblie for the reasons following 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie which are now more strong in this case seeing the Assemblie was already indicted by his Majesties authority did conveene and is fully constitute in all the members thereof according to the Word of God and discipline of this church in the presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of His Majesties Royall Declaration to be registrate in the Bookes of this Assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith covenant subscribed sworn by the Body of this Kingdome 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in an 1580. and 1590. and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this Church contained in the book of Policie then registrate in the books of Assemblie subscribed by the Presbyteries of this Church That it was most unlawfull in it selfe and preiudiciall to these priviledges which Christ in his Word hath left to his Church to dissolve or breake up the Assemblie of this Church or to stop and stay their proceedings in constitution of Acts for the welfare of the Church or execution of discipline against offenders and so to make it appeare that Religion and Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceding practice whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Maiesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrarie His Maiesties prerogative Royall is declared by Act of Parliament to be no wayes preiudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the Church his Maiestie will never diminish or infringe being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding any contramand as is evident by all the Records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Majestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordain that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterared promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemn Fast appointed for the same after frequent Convention formall
and that the execution of this sentence be intimate in all the Kirkes within this Realme by the Pastours of every particular congregation as they wil be answerable to their Presbyteries and Synods or the next generall Assembly in case of negligence of the Presbyteries and Synods IN another houre they declared Episcopall government to be inconsistent with the lawes of that Church and Kingdome and so abolished it for ever though it did then and doth still stand confirmed by many Acts both of Parliaments and Assemblies they deprived the Ministers whose hands were at the Protestations against lay-Elders and elections made by them some Ministers they deprived for Arminianisme a course never heard of in any place where any rule of justice was observed that a Minister should be deprived for holding any tenet which is not against the doctrine of that Church wherein he liveth and that before it be prohibited and condemned by that Church Now there is nothing in the confession of that Church against these tenets At the Synod of Dort no man was censured for holding any doctrine against the conclusions of it before the Synod had determined against them nor was hee to bee censured for any thing he had preached or printed before that Synod did tender unto him their Canons to be subscribed But at Glasgow no such course was taken but Ministers were deprived without so much as ever being once asked the question whether they held any such opinion or if they did whether they would now recall their opinions and conforme their judgements to the judgement of the Assembly in these points Some of their Ministers being asked the question With what conscience or justice they could deprive their brethren for holding opinions not condemned by that Church who perhaps after their Church had condemned them out of their love to the peace of their Church would have forborne any further medling with them They returned this weake answer That these tenets were condemned by that Church under the generall name of Poperie But they could make no answer when it was told them That certainly these tenets could not be counted Popish concerning which or the chiefe of which as learned Papists as any in the World viz. the Dominicans and Jesuites did differ as much as the Protestants did and that those who doe adhere to the Augustan confession did hold that side of these tenets which the Arminians doe hold and yet they were very far from being Papists being the first Protestants and therefore it was against all sense to condemne that for Poperie which was held by many Protestant Churches and rejected by many learned Papists But all would not serve they would deprive Ministers for holding them before they themselves had condemned them In the deprivation of one of these Ministers there did fall out a memorable passage which was this The Moderatour of the Assembly after the sentence of a Ministers deprivation was pleased to move this learned question to the Assembly Whether if this deprived Minister should baptize a childe the childe must not be baptized againe But he was presently taken off by one of his brethren who it seemeth was much ashamed of such a question told him That they did never re-baptize those who had been baptized by Popish Priests and so all further talke of it was hushed What conclusions were to bee expected from an Assembly whose Moderatour was so grosly ignorant as to move such questions is easie to be conjectured And the weaknesse of their conclusions would easily appeare if all their severall Acts were printed but because the Reader shall be able to make some judgement of them We have here caused an Index of the titles of their Acts to bee inserted by which may be seen what they hold An Index of the principall Acts of the Assembly at Glasgow 1638. SUndry Protestations betwixt the Commissioner his Grace and the members of the Assemblie Master Archibald Johnstone his admission to be Clerk and his production of the Registers of the Church which were preserved by Gods wonderfull providence An Act disallowing any private conference and constant Assessors to the Moderator The Act ratifying the authenticknesse of the Registers with the reasons thereof The Act registrating his Majesties will given in by his Commissioner The Act bearing the Assemblies Protestation against the dissolution thereof The Act deposing Master David Michel Minister at Edinburgh The Act deposing Master Alex. Glaidstounes Minister at S. Andrews The Act annulling the six late Assemblies holden at Linlithgow 1606. and 1608. at Glasgow 1610. at Aberdene 1616. at Saint Andrewes 1617. at Perth 1618. with the reasons of the nullitie of everie one of them The Act declaring the nullitie of the oath exacted by Prelats of Intrants id est Such as are instituted to Benefices The Act deposing Master John Creichtone Minister at Paislay The Act condemning the Service Book The Act condemning the Book of Canons The Act condemning the Book of Ordination The Act condemning the High Commission The sentence of deposition and excommunication of the sometime pretended Bishops of Saint Andrewes Glasgow Rosse Galloway Brichen Edinburgh Dumblane Aberdene The sentence of deposition against the sometime pretended Bishops of Murray Isles Argyle Orknay Cathnes and Dunkell The large Act clearing the meaning of the Confession of Faith made Anno 1580. as abjuring and removing Episcopacie The Act declaring the five Articles to have beene abjured and to be removed Sentence of deposition against Master Thomas Forrester Sentence of deposition against Master William Ahannan Sentence of deposition against Master Robert Hammiltoun Minister at Glasford Sentence of deposition against Master Thomas Mackeney Act anent the Presbyterie of Auchterardours present seat at Aberuskene for the time Act restoring Presbyteries provinciall and generall Assemblies to their constitution of Ministers and Elders and their power and jurisdiction contained in the Book of policie Act erecting Presbyteries in Argyle Act referring to the Presbyteries the consideration of their meetings Act concerning the Visitation of particular Kirks Schooles and Colledges Act against non-Residents Act concerning the planting of Schooles in the Countrey Act concerning the power of Presbyteries admission of Ministers and choosing of their Moderators Reference to the Presbyteries anent the competencie of Parochioners and Presbyteries Act concerning the entrie and conversation of Ministers ratification of the Act 1598. Act of reference to Presbyteries concerning the defraying of the expences of the Commissioners Act of reference concerning repressing of Poperie and Superstition Act of reference to the Presbyteries concerning the more frequent celebration of the Lords Supper Act of reference concerning markets on Munday and Saturday within Burrowes Act against the profanation of the Sabbath for want of afternoones exercise Act against the frequenting the companie of excommunicate persons Act setting down the Roll of Provinciall Assemblies and some orders thereanent Act of reference against milnes and salt pans Act anent the order of receiving the repentance of any penitent